Logo
  • Home
  • Meet the Team
  • Areas Of Practice
    • Civil Litigation
    • Debt recovery services
    • Professional Negligence and Financial Services Litigation
    • Employment Law Services for Individuals
    • Employment Law Services for Businesses
  • For Clients
    • Your Secure Documents
  • Contact Us
  • Regulatory Information
  • Cookie Policy
  • Privacy Policy
  • Complaints Policy
  • Our Fees
  • Articles

DIRECT LINE ORDERED TO PAY £65,000 FOR FAILURE TO MAKE ADJUSTMENTS FOR MENOPAUSAL EMPLOYEE

November 22, 2023 By Bater Law

Ms Lynskey began working for Direct Line in 2016 and during this time had received good performance ratings. In 2019, a new system was introduced, around this time Ms Lynskey begun suffering with menopausal symptoms which affected her concentration and performance at work. She made her employers aware of the symptoms she was suffering from and she received support and coaching as a result.

In June 2020, her manager raised concerns about a telephone call she had with a customer. She was signed off work for two weeks with work-related stress. During this period of absence Ms Lynskey was offered a new role which would be less stressful and did not involve selling directly.

Ms Lynskey accepted this new role. Whilst she was praised for her interaction with customers, her linemanager was concerned about her efficiency within the role.

Ms Lynskey subsequently received two customer complaints, stating she was abrupt and rude. Ms Lynskey was informed this must not happen again and could warrant disciplinary action. No action was taken at this stage and further support via training and coaching was provided.

At her end of year review, she was rated “requires improvement” as she required a high level of support and still struggled with aspects of the job. As a result, she was placed on a refresher training course and she continued to receive coaching for the role.

By April 2021, her line manager started to formally performance manage her. She explained that the problems with her performance were due to her menopausal symptoms, despite raising this, her manager was unsympathetic and imposed a first stage warning with a “success plan”.

Ms Lynskey was then signed off work with stress. In August, she was referred to OH and the report recommended that a phased return to work be completed, with additional training and suggested her targets be removed until her menopausal symptoms improved.

Her employer, despite receiving the OH report, decided to stop paying her company sick pay because they did not believe she was doing enough in order to return to work. In May 2023, Ms Lynskey resigned from her role and brought a claim against Direct Line for:

  • Constructive Dismissal
  • Sex
  • Age
  • Disability Discrimination; and

Decision

The Tribunal accepted that Direct Line had treated Ms Lynskey unfavourably given the circumstances:

  • Failed to treat her favourably when giving Ms Lynskey her performance rating, they had failed to consider her menopausal symptoms and the limitations which came with them.
  • Putting her through and giving her a disciplinary warning was unfavourable treatment, due to the fact that the manager had failed to consider any underlying issues and despite being aware of them, disregarded them.
  • Stopped paying her sick pay, when there was no evidence to support their view that she was not doing enough to return to work.
  • Whilst training and coaching was provided, they failed to consider reasonable adjustments as recommended by Occupational Health.

The Tribunal also accepted that whilst the incidents that had taken place amounted to a breach of the implied duty of trust and confidence, Ms Lynskey had waited 8 months to resign and so had affirmed the contract.

The Tribunal disagreed and found that comments made about Ms Lynskey’s confidence in the role, related to her new role and did not amount to sex and/or age discrimination.

Ms Lynskey as a result was awarded a total of £64,645 in compensation.

The Takeaway

 

Ms Lynskey had made Direct Line aware of the difficulties she was suffering from the outset and whilst sympathetic at first, they failed to continue with the support, the relationship started to strain when her line manager had seen no improvement.

Despite being aware of Ms Lynskey’s menopausal symptoms, they did not consult with OH until a very late stage, this should have been done much earlier. If this had been done, it is likely that more suitable support and adjustments could have been provided. Her improvement could have improved as a result, and even if her performance had not improved, Direct Line would have had stronger grounds for claiming that they had followed a fair performance management process.

 

Filed Under: Uncategorized

Online Enquiry

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create a solicitor-client relationship and information transmitted will not necessarily be treated as privileged or confidential. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Bater Law

Ceri Bater is a qualified solicitor, with over 15 years experience in litigation matters.


Our Advantages

Experienced commercial and litigation solicitors retaining a friendly and personal touch. We are well-recommended and have a vast network of trusted contacts to assist with your legal claim.

Our Areas Of Practice

  • Civil Litigation
  • Debt recovery services
  • Employment Law Services for Individuals
  • Professional Negligence and Financial Services Litigation

Contact Us

  • 28 Sophia House, Cathedral Road, Cardiff, CF11 9LJ
  • 07446 170650
  • [email protected] 

Privacy Policy | Copyright © 2025 · Authorised and regulated by the Solicitors Regulation Authority of England and Wales with registered number 638438
Website hosting by Lift Legal Marketing · Login

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT